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Failure to disclose certain required information , or charging an excessive interest rate , can open the dealership up to liability for statutory damages , the entire finance charge , and attorney fees .
To be clear , in most cases there is no remedy available to the poor soul who makes a bad purchase . The old adage “ buyer beware ” still applies . However , if a used car buyer has been taken advantage of through unfair or deceptive sales practices , false advertising , fraud , or violations of statutory disclosure requirements , there may yet be a remedy even in the face of an otherwise clear “ as is ” sale . For the wary consumer ( or consumer law attorney ), there is still hope in the truly egregious circumstances . �
Clerk ’ s CORNER The name of a document really makes a difference ! In the world of automation , document titles not only drive how the Court navigates to a document , but it also drives what the Clerk does with the document .
What ’ s in a Name ?
The Importance of Document Titles
One of the Clerk ’ s primary responsibilities , pursuant to Chapter 28 of the Florida Statutes , is to “ keep ” the docket and to note the filing of each pleading , motion , or other paper , along with any step taken by the Clerk in connection with each action , appeal , or other proceeding before the Court .
In addition to keeping the docket , the Clerk is required to “ process ” the document . In the Clerk world , process refers to tasks the Clerk must perform such as recording in the Official Records , redacting , sealing , providing notice , and disbursing or depositing money .
Each document title is attached to a single docket code and the code requires one or more of the processes to be completed by a deputy clerk . Imagine this : a 4-page Motion to Continue and on page 4 , in the middle of the page , there is another title , “ Order to Continue .” If that is not a big enough challenge to process with one docket code , the last sentence of the Order says , “ release the defendant from jail .” It may seem efficient to the motion drafter , but to the Clerk , this is a big problem ! The docket code for motions does not require any tasks . On the other hand , orders of continuance require a schedule update , while releasing a defendant from jail requires much more .
Let ’ s look at similar example in a civil case . The document is a civil order granting a motion to dismiss and is titled as such , but the contents of the document also direct the Clerk to disburse funds from the Registry . The case management system does not know that in addition to closing the case the document also needs to be routed to disburse funds . In this scenario , to ensure that all critical tasks are completed , there should be two orders : one order should be entitled , “ Order to Dismiss ” and another “ Order to Disburse Funds from the Court Registry .”
20 | THE DOCKET - NOVEMBER / DECEMBER 2021